22 results for 'judge:"Lawrence"'.
J. Lawrence-Berrey finds that the lower court improperly applied the wrong statute against a man and his attorneys who were caught making up statements to support manufactured class claims against Robinhood Financial. The lower court used a minor claims statute to support the sanctions, and while the claims were manufactured, their existence as being class claims do not make them minor. The matter is remanded to determine what amount of sanctions under the correct statute are called for to deter their actions going forward. Reversed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey , Filed On: May 2, 2024, Case #: 38623-6-III, Categories: Sanctions
J. Lawrence finds that the lower court properly dismissed the complaint in this declaratory judgment action concerning certain immunization requirements for emergency medical service workers. Contrary to the appellants' argument on appeal, "the EMS Board did not exceed its statutory authority in issuing the EMS immunization rule." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 25, 2024, Case #: 2024ME30, Categories: Administrative Law, Health Care
J. Lawrence finds that the lower court properly granted the insurance company's motion for summary judgment in this declaratory judgment action regarding its duty to indemnify an individual in a separate wrongful death case. The lower court did not err in its determination that the individual was not covered under the company's business owners insurance policy, based on his alleged conduct, which was not related to the business. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 18, 2024, Case #: 2024ME28, Categories: Insurance, Indemnification
J. Lawrence finds that the lower court properly sentenced defendant on two counts of manslaughter and other charges stemming from a multi-vehicle accident that allegedly "resulted in the death of two drivers." Defendant was sentenced to 30 years, "with all but twenty-five years suspended," and he now argues that the sentence was not "proportioned to the offense." However, the lower court correctly considered the facts of the case, including that defendant was allegedly driving a loaded tractor-trailer while "ill, fatigued, and under the influence of prescription drugs and alcohol." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 16, 2024, Case #: 2024ME26, Categories: Sentencing, Dui, Manslaughter
J. Lawrence finds that the lower court properly convicted defendant on drug-trafficking charges, as well as possession of a firearm by a prohibited person and criminal forfeiture of property. Contrary to defendant's argument on appeal, the state's "immunity statutes do not apply in this case." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 30, 2024, Case #: 2024ME12, Categories: Drug Offender, Firearms
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J. Lawrence-Berrey finds that the lower court improperly struck the opinion of an expert and former judge in a dispute between the Department of Children, Youth, and Families and the estate of a boy whose injuries were the subject of investigation over potential child abuse. The lower court seemed to strike the testimony on the idea that a jury would attach too much weight to the opinion of a former judge, but the testimony was not likely to "arouse an emotional response from jurors," given that it was largely centered around what a judge would have done in regards to the child being removed from his mother's care. Reversed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 30, 2024, Case #: 39483-2-III, Categories: Family Law, Experts
J. Lawrence finds that the lower court properly convicted defendant for domestic violence assault following a jury trial. The court fails to "reach a majority opinion as to the voir dire issue," but it rejects defendant's other arguments on appeal concerning certain evidentiary rulings. The jury's verdict was supported by sufficient evidence, "even if the excluded text messages had been admitted at trial." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 23, 2024, Case #: 2024ME4, Categories: Evidence, Assault, Domestic Violence
J. Lawrence finds that certain portions of the underlying divorce judgment are not supported by specific findings. Accordingly, the provisions regarding parent-child contact and the computation of the appellant's income must be remanded for further proceedings. Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 18, 2024, Case #: 2024ME3, Categories: Civil Procedure, Family Law
J. Lawrence-Berrey finds that the lower court properly in part resolved a series of questions stemming from a defamation dispute between an individual and a local paper. The dispute presented a series of legal issues over the Uniform Public Expression Protection Act and how it relates to actions pending on the law's effective date. A proper interpretation of law finds that the Act does apply to causes of action made on or after the its effective date and service of amended pleadings restarts the 60-day clock. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 11, 2024, Case #: 38991-0-III, Categories: Civil Procedure, Defamation, First Amendment
J. Lawrence finds that defendant was properly convicted on multiple charges, including attempted murder, but was improperly sentenced as to two counts that were both Class D misdemeanors. The lower court did not err in crafting a discovery sanction that limited the state's evidence while preventing defendant "from presenting a completely sanitized defense." However, the one-year sentence for each of the two misdemeanor charges, domestic violence assault and domestic violence terrorizing, was not permissible. Accordingly, the case is remanded to correct those sentences. Affirmed in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 30, 2023, Case #: 2023ME73, Categories: Sentencing, Assault, Domestic Violence
J. Lawrence finds that the lower court improperly denied defendant's petition for post-conviction review, following her conviction for domestic violence assault. The lower court erred in determining that "trial counsel's decision to open the door to prejudicial evidence" regarding defendant's parenting practices did not fall below the standard of reasonableness. When viewed in combination with counsel's failure to object to prosecutorial error, the court concludes that "there is a reasonable probability that the outcome of the proceeding would have been different." Vacated.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 2, 2023, Case #: 2023ME66, Categories: Ineffective Assistance, Domestic Violence
J. Lawrence finds the lower court properly convicted defendant of possession of methamphetamine with the intent to distribute, but improperly convicted him for conspiracy to sell methamphetamine, as evidence was insufficient to support the conviction. Defendant’s 60-year sentence as a habitual offender for the possession conviction remains intact, but his concurrent 20-year sentence for the conspiracy conviction is reversed. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: October 10, 2023, Case #: 2022-KA-00179-COA, Categories: Drug Offender, Evidence, Sentencing
J. Lawrence finds the lower court improperly convicted defendant of murder. A jury convicted defendant of murder for allegedly shooting a woman in the head, killing her as she answered a knock at her front door. The State produced no eyewitnesses and no physical evidence connecting defendant to either the murder or the murder weapon. Evidence is insufficient and does not support defendant’s conviction and life sentence. The instant court renders a judgment of acquittal. Reversed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: October 10, 2023, Case #: 2022-KA-00009-COA, Categories: Evidence, Murder
J. Lawrence-Berrey finds that the lower court properly denied a grandmother's petition to intervene in dependency proceedings for her granddaughter. The women tried to intervene to establish her petition for de facto parentage of her granddaughter, but she lacked standing to do because a relative who has placement of a child does not necessarily satisfy the legal requirement of taking on full parental responsibilities or have all the legal rights a parent has. Affirmed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: September 28, 2023, Case #: 39276-7-III, Categories: Family Law
J. Lawrence-Berrey finds that the lower court properly in part ruled in favor of a series of local governments and districts who sued the Department of Ecology over changes to the regulation of nitrogen discharges. The local entities claim that the department violated the rulemaking process when it adopted the new rules based on two documents produced by the department, and the lower court found in their favor. At the heart of the dispute is the question of whether three key "rules" that were changed are even rules at all under the Administrative Procedure Act. While two of the challenged rules cannot be considered as such, the third one does meet the definition under the APA. This means that certain new permit-related requirements are unlawful, and if the department would like to act on them further, they must go through the proper rulemaking procedures. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: September 14, 2023, Case #: 39494-8-III, Categories: Administrative Law, Environment, Agency
J. Lawrence finds that the lower court properly convicted defendant of unlawful sexual contact following a jury trial. On appeal, defendant contends that the prosecutor erred with certain statements during closing arguments, specifically "regarding the jury's consideration of the victim's motive to lie," but the court concludes that "there was no prosecutorial error." Also, there was no error with the jury instruction. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 17, 2023, Case #: 2023ME55, Categories: Prosecutorial Misconduct, Sex Offender, Jury Instructions
J. Lawrence finds that the lower court improperly divided the marital property in this divorce case. It was error to set the value of certain real property "as of the date the parties separated rather than the date the parties divorced." Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 17, 2023, Case #: 2023ME54, Categories: Family Law, Real Estate
J. Lawrence dismisses the appeal in this case involving different condominium unit owners as interlocutory. The appellant condominium owners appeal certain orders of the Business and Consumer Docket, but "the orders did not dispose of all claims against all defendants."
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 10, 2023, Case #: 2023ME46, Categories: Civil Procedure, Real Estate
J. Lawrence finds the lower court properly convicted defendants of drive-by shooting and shooting into a dwelling. Defendants followed two boys on a motorcycle to their home. When the boys entered the home, defendants shot into the home, hitting three children inside. Evidence is sufficient to support their convictions and sentence of 25 years for the drive-by shooting conviction, and 10 years for shooting into a dwelling, to run consecutively and be served in the custody of the Mississippi Department of Corrections. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: August 8, 2023, Case #: 2021-KA-00818-COA, Categories: Evidence
J. Lawrence enters default judgment against a meat supplier on a professional food industry photography company's copyright claims, finding the supplier willfully displayed the copyrighted photograph on its website without purchasing a yearly subscription to the company's service. The court awards the company $23,970 in statutory damages, plus $2,071 in attorney fees and $512 in costs. The court further issues a permanent injunction prohibiting the supplier from infringing on the company's copyrighted works.
Court: USDC Northern District of New York, Judge: Lawrence, Filed On: June 27, 2023, Case #: 1:22cv704, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees